Simone Lawson
Freedom of speech is a highly valued right in many countries, but it is not always guaranteed or respected in practice. While some nations uphold this freedom, others deprioritize or suppress it. Several factors, including history, political climate, and socio-cultural dynamics, influence the legal protections and actual practices surrounding free speech in different countries. This introduction will explore the varying degrees of freedom of speech globally and the complex dynamics that impact this fundamental right.
| Characteristics | Values |
|---|---|
| Countries with freedom of speech in their constitution | United States, Sweden, Japan, South Korea, South Africa |
| Countries with freedom of speech but not in constitution | Canada, Netherlands, Indonesia, Australia |
| Countries with limited freedom of speech | China, North Korea, Burma, Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, Belarus, Thailand, Singapore, Malaysia, Philippines, Pakistan, Tunisia |
| Countries with freedom of speech but with limitations | United States, Japan, Sweden, South Korea |
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What You'll Learn
Freedom of speech in democratic countries
Freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights and is formally granted by the laws of most nations. However, some countries protect free speech, some deprioritize it, and some outright suppress it.
Freedom of speech is a fundamental right in democratic countries, allowing citizens to freely voice their opinions and ideas. In some countries, such as Japan, Sweden, and the United States, freedom of speech is explicitly protected by their constitutions. In other countries, like New Zealand, freedom of speech is not explicitly protected by common law but is encompassed in various doctrines and policies that aim to protect free speech.
While democratic countries generally uphold freedom of speech, it is not without limitations. For example, in Sweden, defamation is criminalized, and those who violate anti-hate speech clauses in the Fundamental Law on Freedom of Expression are prosecuted. Similarly, Japan's constitution protects freedom of speech, but interrupting a political campaign speech is prohibited and may result in imprisonment or fines.
In democratic countries, the line between free expression and offensive, threatening, or harmful content is often debated. For instance, in South Africa, a bill aimed at reducing hate speech and hate crimes is being considered. While some support this bill as a way to address the country's history of racial segregation, others argue that it does not clearly differentiate between offensive and harmful speech.
The role of free speech in a democratic society is essential for several reasons. It allows citizens to communicate freely, criticize, question, and challenge those they elect and who govern them. It also fosters tolerance and promotes the free flow of information and ideas, which are crucial for a well-functioning democracy.
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Freedom of speech in totalitarian countries
Freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights and is formally granted by the laws of most nations. However, some countries protect free speech, some deprioritize it, and some outright suppress it. Freedom of speech is often restricted in totalitarian countries, communist countries, fascist countries, and dictatorships.
Totalitarianism is a form of government that theoretically permits no individual freedom and that seeks to subordinate all aspects of individual life to the authority of the state. Totalitarianism is characterized by strong central rule that attempts to control and direct all aspects of individual life through coercion and repression. It does not permit individual freedom. Traditional social institutions and organizations are discouraged and suppressed, making people more willing to be merged into a single unified movement. Totalitarian states typically pursue a special goal to the exclusion of all others, with all resources directed toward its attainment, regardless of the cost.
Notable examples of totalitarian states include Italy under Benito Mussolini (1922–43), the Soviet Union under Joseph Stalin (1924–53), Nazi Germany under Adolf Hitler (1933–45), the People’s Republic of China under the influence of Mao Zedong (1949–76), and North Korea under the Kim dynasty (1948– ). In these countries, citizens are virtually isolated by authoritarian rulers who see open access to information as a threat to their rule. The media is either state-controlled or silenced, the internet is filtered, and highly censored and restrictive laws are used—often in tandem with fear and intimidation—to prevent the spread of ideas and information.
While some countries have freedom of speech written into their constitutions, this does not always translate into practice. For example, freedom of speech is theoretically guaranteed in North Korea by Article 67 of the Constitution, which states, "Citizens are guaranteed freedom of speech, of the press, of assembly, demonstration, and association." However, North Korea is generally regarded as one of the most censored countries on earth. Similarly, several Asian countries provide formal legal guarantees of freedom of speech to their citizens, but these are not always implemented in practice. Barriers to freedom of speech are common and vary drastically between ASEAN countries.
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Freedom of speech in communist countries
Freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights and is legally protected by the laws of most nations. However, some countries, including communist countries, deprioritize or even suppress this right.
Communist countries are often totalitarian, and citizens of these countries are isolated by authoritarian rulers who see open access to information as a threat to their rule. The media is either state-controlled or silenced, the internet is filtered, and highly censored and restrictive laws are used to prevent the spread of ideas and information.
North Korea, for example, is considered one of the most censored countries globally, despite theoretically guaranteeing freedom of speech in Article 67 of its constitution. In practice, the North Korean government uses fear and intimidation to suppress free speech. Similarly, China significantly limits freedom of expression.
Other highly censored countries include Burma, Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, and Belarus.
While some communist countries may enshrine freedom of speech in their constitutions, the reality on the ground may differ, with various barriers to free speech, including the use of brutal force, restrictive laws, and censorship.
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Freedom of speech in fascist countries
Freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights and is formally granted by the laws of most nations. However, some countries protect free speech, some deprioritize it, and some outright suppress it. Freedom of speech is often restricted in totalitarian countries, communist countries, fascist countries, and dictatorships. Fascist countries are characterized by extreme censorship of the press and the arts, as well as the harsh suppression of dissent.
While many nations acknowledge freedom of speech as a fundamental right, allowing their citizens to voice their opinions and ideas freely, other nations are much more restrictive. Some of the most censored countries globally are North Korea, Burma, Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, and Belarus. Citizens of these countries are often isolated by authoritarian rulers who view open access to information as a threat to their rule. The media is either state-controlled or silenced, the internet is filtered, and highly censored and restrictive laws are used to prevent the spread of ideas and information.
Even in countries with constitutional protections for freedom of speech, such as the United States, Japan, and Sweden, this freedom is not absolute and is subject to certain limitations. For example, interrupting a political campaign speech is prohibited in Japan and may be punishable by imprisonment or a fine. Similarly, Sweden has criminalized defamation and prosecutes those who violate anti-hate speech laws.
The interpretation and application of freedom of speech vary across countries and are influenced by their history, political climate, and socio-cultural dynamics. For instance, Australia does not have explicit freedom of speech in its constitution or statutory declaration of rights, except for political speech, which is protected from criminal prosecution. In South Africa, the Constitutional Court set an international precedent by ruling that the right to freedom of expression outweighs the protection of trademarks.
In conclusion, while freedom of speech is a fundamental human right, it is often restricted or suppressed in fascist countries and other authoritarian regimes. The interpretation and protection of this right vary across nations, and even countries with constitutional protections for freedom of speech impose limitations to prevent harmful or offensive speech.
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Freedom of speech in dictatorships
Freedom of speech is a principle that supports an individual's or community's right to express their opinions and ideas without fear of retaliation, censorship, or legal sanction. While many nations, including several Asian countries, acknowledge freedom of speech as a fundamental right, others are much more restrictive. Freedom of speech is often restricted in totalitarian countries, communist countries, fascist countries, and dictatorships.
Some of the most censored countries globally are North Korea, Burma, Turkmenistan, Equatorial Guinea, Libya, Eritrea, Cuba, Uzbekistan, Syria, and Belarus. Citizens of these countries are isolated by authoritarian rulers who view open access to information as a threat to their rule. The media is either state-controlled or silenced, the internet is filtered, and highly censored and restrictive laws are used to prevent the spread of ideas and information.
For example, in 1986, Ortega, a dictator in Nicaragua, shut down the newspaper La Prensa, which was run by Violeta Chamorro, whose husband had been murdered for his beliefs in freedom of speech and the press. The outside walls of the newspaper were covered with Marxist slogans and threats against reporters and staff. Similarly, in 2019, a 22-year-old Malaysian was sentenced to 10 years in prison for insulting Islam and the Prophet Mohammed on Facebook. While freedom of speech is theoretically guaranteed in North Korea by Article 67 of its constitution, the country is considered one of the most censored in the world.
In contrast, El Salvador, which experienced a dictatorship in the 1970s and 1980s, is now a fully functioning democracy with a lively press espousing a variety of views. Panama also has a free press, although the government keeps some information from the press.
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Frequently asked questions
Freedom of speech is a right preserved in the United Nations Universal Declaration of Human Rights and is formally granted by the laws of most nations. However, some countries protect it, some deprioritize it, and some outright suppress it. There is no clear correlation between legal and constitutional guarantees of freedom of speech and actual practices among Asian nations.
The First Amendment of the US Constitution protects the right to freedom of speech. Other countries that have freedom of speech in their constitution include Sweden, Japan, and South Korea.
Yes, several countries do not have explicit freedom of speech in their constitution. For example, Australia does not have explicit freedom of speech in any constitutional or statutory declaration of rights, except for political speech.
Yes, North Korea guarantees freedom of speech in Article 67 of its constitution but is generally regarded as one of the most censored countries. Several Asian countries provide formal legal guarantees of freedom of speech, but these are not always implemented in practice.
Yes, freedom of speech is a controversial issue in Tunisia. Artists, journalists, and citizens face harassment when they try to express their ideas freely.
